United States v. Cutler

Boreman, J.:

' The appellant was convicted of the crime of polygamy. Upon the calling of the case in the district court, the defendant moved the court to quash or set aside the indictment on the ground that the indictment was found on the evidence of an incompetent witness; that said alleged incompetent witness was the legal wife of the defendant, and was compelled against her own will and against the will of the defendant, to testify before the grand jury that found the indictment. The motion to quash was overruled in the district court, and the defendant has appealed the case to this court.…